HomeMy WebLinkAboutREYES, ROGELIOINSURANCE NOT REOUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
A-2018-178-02
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AUG Z 9 ZOATS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
Ol C DACO) THE CITY OF SANTA ANA AND ROGELIO REYES
his Artist Grant Agreement ("Agreement") is made and entered this 17th day of July, 2018, by
and between the City of Santa Ana, a charter City and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City"), and Rogelio Reyes
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a 'Party' and collectively be
referred to as the "Parties" to the Agreement.
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A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunder will be created or performed in compliance with such standards as may
reasonably be expected from an artist.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. Term. This Agreement shall be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
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2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Three
Thousand Dollars ($3,000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,800.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $1,200.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City
reserves the right to cease funding after the first disbursement detailed above, and to be
reimbursed the initial payment, if Grantee's performance is determined to be insufficient or
unacceptable in the City's sole discretion.
2.4, City represents that there is no correlation or connection between its selection of individuals
for grant awards and an individual's business relationship or potential business relationship with
City.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, a copy of which is attached as Exhibit A and incorporated
into this Agreement as if set out in full.
3.2. To submit all reports (each, a "Report"), which shall include, at a minimum, the items set forth
as required by the Application. No personally identifiable information shall be included in any of
the Reports, except where specifically requested. The Reports shall be in a format that is
reasonably acceptable to City. City may request additional information as City, in its sole
discretion, determines is necessary to monitor performance of this Agreement. City shall have the
right to use any Reports submitted by Grantee, or any portion thereof, for any reason.
3.3. Grantee shall maintain all pertinent financial and accounting records pertaining to this
Agreement in accordance with generally accepted accounting principles and other procedures
reasonably specified by City. Upon termination or expiration of this Agreement or request by City,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee shall provide its full cooperation for any such
audit, review or inspection, including providing timely access, for examination and copying of
records (including computerized records) pertinent books, documents, papers, computer
programs and records and reasonable access to its personnel.
3.5. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on
the ground below the artwork while installation is underway, which barrier shall be removed each
day upon completion of an installation session.
3.6. The Project may not contain advertising, religious art, sexual content, negative or violent
imagery, convey political partisanship or include any hidden, subliminal or camouflaged
messages or statements of any kind or nature. Appropriateness of the content of the Project will
be determined by City in its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the
Application and Timeline, or any unapproved deviation from said documents that has not
been cured within 30 days of written notice of such breach.
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under this Agreement.
5. Limitation of Liability.
5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF
CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR THE ACTIVITIES COVERED HEREUNDER.
5.2. Section 5 and Section 6 do not limit Grantee's rights, including its ability to seek recovery,
against anyone other than City, its directors, officers, employees, agents, successors and
assigns.
6. Indemnification.
6.1. Grantee shall defend, indemnify, protect and hold harmless the City, and its elected and
appointed officers, employees, members or agents from and against all claims for damages,
liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of
the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages,
liability, costs, expenses (including without limitation, attorney's fees) arise from the sole
negligence or sole willful misconduct of the City subsequent to declaration by the Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims,
demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which
are or may be related to or in any way connected with the negligence or willful misconduct of its
officers, officials, employees, or agents in connection with the creation, painting, performance or
installation of the Project hereunder.
6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such
claims and that City's right to indemnification shall extend to any such settlement, provided City
has given notice of such claim and its intent to settle. City's right to indemnification is in addition
to, and may be exercised independently of, any remedy held by City under this Agreement, at law
or in equity. The indemnity provision set forth in this Agreement shall survive the termination or
expiration of this Agreement indefinitely.
7. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of
the Agreement shall continue to be valid and enforceable.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto,
contain the full understanding and agreement of the Parties with respect to its subject matter, and
no waiver, alteration or modification of any of the provisions to this Agreement shall be binding
unless in writing and signed by an authorized officer of both Parties.
7.5. No waiver by either Party or any breach, default, or series of breaches or defaults, and no
failure, refusal, or neglect of either Party to exercise any right, power, or option given to it under
this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute
a waiver of these provisions with respect to any subsequent breach or waiver by either Party or
its right at any time thereafter to require exact and strict compliance with provisions of this
Agreement.
7.6. Any notice or other communication required or permitted to be made or given by either Party
pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five
(5) business days after the date of mailing if sent by registered or certified U.S. mail, postage
prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a
confirmation of transmission is produced by the sending machine; or (iii) when delivered if
delivered personally or sent by express courier service. All notices to City shall include a reference
to the Project title.
All notices will be sent to the other Party at its address as set forth below or at such other address
as such Party will have specified in a notice given in accordance with this section:
Grantee: Rogelio Reyes
200 W. Columbine Avenue, #12
Santa Ana, CA 92707
City: City of Santa Ana
Clerk of the Council (M-30)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
FAX (714) 647-6956
7.7. This Agreement is subject to all applicable local, State and Federal laws. This Agreement
has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and
governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
7.9. Any funds provided under this Agreement that are not expended, obligated or otherwise
committed by the termination or expiration of this Agreement shall be immediately returned to
City.
7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide
license to use, reproduce, display, distribute, and prepare derivative works, in any form or media
at the discretion of the City for the Project conceived, performed or created as a result of this
Agreement.
7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
the City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, work's compensation benefits, injury
leave or other leave benefits.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. Each Party covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
7.14. Each Party warrants that they have executed this Agreement knowingly, freely and
voluntarily and with full knowledge of its legal consequences. All parties involved warrant and
represent that, prior to executing this Agreement, each Party has had the opportunity to review
and consider this matter with legal counsel, and that the terms of this Agreement, and its
consequences, are fully understood by each Party.
7.15. This Agreement represents the entire agreement and understanding between the parties,
and supersedes any and all prior agreements and understandings between the parties, whether
oral or written.
7.16. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
{Signatures on following page}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
i
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
Cityney n
0
City
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Rau odinez II
City Manager
Name:
Title: Aowrfs'r
Name of Applicant:
Rogelio Reyes aka
Roger Eyes R.
Award Amount: Category: Average Score:
$3,000 Artist 74.0 — 2nd
Artist's Description of Project:
Exhibition named "Another Day in Paradise: Portraying past and present Labor Workers in the
Santa Ana Area." It's a combination of art and history, and the reality of some of the people who've
helped make this area prosper, succeeding from the 18th century to present day.
Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 1.
Artist's proposed use of funds:
Total of expenditures are fully funded by SA Art Grant. All funds are to be used towards the
materials needed to create said artwork, items needed to run and set up the art show and tools
needed for online promotion of show and art creation.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
None. The art will be displayed during the art walk in the promenade area. Downtown Inc. has
been made aware of project proposal. No license needed to display art, only prior booking of
show.
Question 2: Is this a new or existing program/project?
This is a new project.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The exhibition will be held during the Santa Ana Art walk, in the artist Village promenade. The
large painted portraits will be hung on white panels spread across the promenade.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
I want people to walk away from this exhibition with a sense of the worker as a strong individual
who is contributing to this country daily. I want people to walk away recognizing workers in their
daily life. I want people to come and identify with what they see on the wall, to find a connection
to their your own story and possibly even their family's history.
Question 5:Describe how your project will stimulate economic development for the City of
Santa Ana.
Bringing more of our residents and their buying power out to art walk and spend at shops, galleries
and surrounding businesses.
Rogelio Reyes aka Roger Eyes R.
Page 1 of 1
Santa Ana
'OMrnunity
Artist (a)
CO} LITION
Attn.: Santa Ana Arts Grant Review Committee
re: Roger Reyes (Eyes) art proposal
Dear Review Committee,
As a local community art organization that prides it self in connecting local artist to
their communities in a collaborative process to create art that transforms public
spaces, it is with great pleasure that we write this letter in support of Roger Reyes
(Eyes) for his funding proposal to facilitate new public art with traveling sculptures
through out Santa Ana through a community engagement model.
Roger is a seasoned local artist with an extensive resume he has shown great
growth, realizing projects that help strengthen sense of community. He has shown a
proven track record of professional skills, artistic talent and vision. He was a
lead artist for our 2015 grant recipient project a community mural in downtown
Santa Ana. He has lead art workshops for children and youth engaging the
community to participate in the art making process. As a lead artist for this project
he is also creating design and leading the mural painting. These assets make him
well prepared to not only receive the grant funding, but to be efficient and
responsible with the granted funds, and create beautiful public art for the city.
It is our believe that Roger has a successful artistic vision. He has shown a desire,
willingness and ability to complete and collaborate on big public art projects.
It is for all the reason listed above that I write enthusiastically and encourage the
Santa Ana Arts Grant Review Committee to award Roger Reyes (Eyes).
Sincerely,
Alicia Rojas
Community Artist and
Co -funder of The
Santa Ana Community Artist(a) Coalition
INVESTING IN THE ARTIST - LINE ITEM BUDGET
PROPOSED GRANT FUNDED PROGRAMMING SERVICES
Personnel Total Grant Funds
Requested
wast tee
-------------------
$2,800.00 $300.00
-------------------------------- -----------------------
Supplies
-------------------------------------------- - ---- --------------- .....
Paints $350.00
_................_--------- _.....-....... ..i...--------_.
-------- -
Equipment
Ipad pro
Lazer Level
---------------
$781.00
$350.00
$1,149.00
_..................................._.........:.._.....-----
Additional costs
-----...-'---------------------------
$420.00
_..- .--------------------
Website
---------------------------------- .......................
$300.00
.................. ------------ ------------
Panel Rentals
--------- ..........................
$120.00
Total
5,502.00 3000.00
INVESTING IN THE ARTIST
SAMPLE PROJECT TIMELINE
--
DATE
i
ACTION
OUTCOME
10/1/18
Purchase art materials, supplies and equipment after
ready to paint
receiving first payment
10/13/18
Begin painting, create time lapse video painting process
continue to create and document
----------------------
------
progress as promotional tool
1/14/19
Interview 2 laborers, photos and back story
photos and back story
update my progress on art work and art walk art
1/21/19
Interim report and receipts
show
3/8/19
Create website and make preparations for the art
Ready for the art show
show
5/4/19
Art Show
Community Enrichment
6/3/19
Final report and receipts
project completion